


The Investigation

by realityisoverrated



Series: Infinite Love [97]
Category: Arrow (TV 2012)
Genre: Angst, F/M, M/M, Polyamory, Polyfidelity, Smoaking billionaires, Toliver, flommy, olicity - Freeform
Language: English
Status: Completed
Published: 2017-03-22
Updated: 2017-03-22
Packaged: 2018-10-09 03:06:28
Rating: Teen And Up Audiences
Warnings: Creator Chose Not To Use Archive Warnings
Chapters: 1
Words: 4,810
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/10402383
Author URL: https://archiveofourown.org/users/realityisoverrated/pseuds/realityisoverrated
Summary: Things aren't what they seem when child services opens an investigation after a complaint of child endangerment is filed against Oliver, Felicity and Tommy.





	

**Author's Note:**

> This story depicts a polyamorous relationship between one woman and two men. If this is not something you are interested in, please stop and go no further. 
> 
> We are jumping from their pre-relationship to them being first time parents with this installment. Thank you for all of your enthusiastic comments for Wednesday's installment of the beginning of Tommy and Felicity's relationship. We'll have to spend more time with the events of Season 2.
> 
> I'm not telling this series in chronological order. Some readers have requested that I provide a chronological order for the fics in the series. There is no need to read them in chronological order, but in case you'd like to, the list is below. This installment is 70/97. (There is a known issue at AO3. If viewing the stories from the series page, the story numbers aren't always correct. The story number when you open the individual stories is correct).  
> 1\. Beautiful Stranger (Part 28)  
> 2\. The Hack of the Golden Dragon (Part 36)  
> 3\. Two Lights (Part 96)  
> 4\. Girl Wednesday (Part 41)  
> 5\. This Time Last Year (Part 44)  
> 6\. We’ve Got Tonight (Part 85)  
> 7\. The First Time (Part 1)  
> 8\. Distraction (Part 95)  
> 9\. The Interim CEO (Part 88)  
> 10\. Aloe and Chamomile (Part 40)  
> 11\. The Italian Restaurant (Part 3)  
> 12\. Ground Rules (Part 43)  
> 13\. Do The Hustle (Part 21)  
> 14\. The Secret Ingredient (Part 65)  
> 15\. Wherever You Are, There I Am (Part 8)  
> 16\. Perfect (Part 16)  
> 17\. Don’t Ask, Don’t Tell (Part 49)  
> 18\. Practical Jokes and Other Misunderstandings (Part 14)  
> 19\. Incentives (Part 93)  
> 20\. Cobble Hill (Part 4)  
> 21\. The Sunnybrook (Part 51)  
> 22\. House Warming (Part 15)  
> 23\. 30 (Part 30)  
> 24\. Hong Kong (Part 35)  
> 25\. Twenty Questions Over Brunch (Part 11)  
> 26\. When A Kiss Is Not A Kiss (Part 86) (  
> 27\. Hildy (Part 5)  
> 28\. Burgers & Lies (Part 9)  
> 29\. You Say You Want A Revolution (Part 22)  
> 30\. Unexpected Gifts (Part 70)  
> 31\. Look Me In The Eye And Make Me Feel The Truth (Part 12)  
> 32\. Fight Night (Part 20)  
> 33\. Fear and Loathing (Part 42)  
> 34\. With The Band (Part 53)  
> 35\. The Scarecrow (Part 59)  
> 36\. An Island Of His Own Making (Part 74)  
> 37\. Pas de Deux (Part 75)  
> 38\. Take It Back (Part 76)  
> 39\. Alumni Of The Year (Part 90)  
> 40\. Into Thin Air (Part 17)  
> 41\. Haunted (Part 58)  
> 42\. It Sings To Me (Part 84)  
> 43\. Ask Me And I’ll Tell You No Lies (Part 94)  
> 44\. Let The Sun Shine (Part 92)  
> 45\. It’s Just Like Falling (Part 27)  
> 46\. Will You Still Love Me, Tomorrow? (Part 7)  
> 47\. Life With The Arrow (Part 23)  
> 48\. Up All Night (Part 6)  
> 49\. Welcome Home (Part 10)  
> 50\. Deadshot (Part 62)  
> 51\. Better Than Chocolate Chip Banana Pancakes (Part 24)  
> 52\. The Right To Remain Silent (Part 61)  
> 53\. Home Is Where You Are (Part 2)  
> 54\. Somebody Get A Hammer (Part 26)  
> 55\. Tush Push (Part 48)  
> 56\. Elves (Part 68)  
> 57\. Three (Part 13)  
> 58\. Life Lived In The Tabloids (Part 18)  
> 59\. Baby Talk (Part 91)  
> 60\. Tokyo Calling (Part 25)  
> 61\. Something Blue (Part 39)  
> 62\. I Do. I Do. I Do. (Part 82)  
> 63\. Prudence Chastity (Part 19)  
> 64\. Love Is Worth It In The End (Part 33)  
> 65\. The Mini (Part 38)  
> 66\. The Hall of Fame (Part 46)  
> 67\. A Name By Any Other (Part 47)  
> 68\. The Drop Out (Part 32)  
> 69\. Homework (Part 64)  
> 70\. The Investigation (Part 97)  
> 71\. Count Your Blessings (Part 71)  
> 72\. William (Part 29)  
> 73\. Hold On For One More Day (Part 31)  
> 74\. I Have No Gifts To Bring (Part 72)  
> 75\. Yours, Mine, Ours (Part 37)  
> 76\. Rules Are Made To Be Broken (Part 55)  
> 77\. The Forty-Year-Old Graduate (Part 78)  
> 78\. Take Me Out To The Ballgame (Part 83)  
> 79\. Hope Is Believing In The Light When All You See Is Darkness (Part 52)  
> 80\. Emma (Part 77)  
> 81\. Open Up And Say Ah (Part 60)  
> 82\. Tommy Merlyn’s No Good, Very Bad, Terrible Day (Part 81)  
> 83\. I Would Not Trade What Might Have Been For What Is (Part 50)  
> 84\. Brothers (Part 45)  
> 85\. Saturdays With The Green Arrow (Part 34)  
> 86\. True Love (Part 87)  
> 87\. Hallelujah (Part 69)  
> 88\. The Green Arrow Did It (Part 73)  
> 89\. Strawberry Milkshake With A Side Of Why (Part 56)  
> 90\. All About The Jeans (Part 54)  
> 91\. A Bunny For Prue (Part 63)  
> 92\. Day 107 (Part 67)  
> 93\. Genius Child (Part 89)  
> 94\. Boys Who Kiss Boys Who Kiss Girls Who Kiss Boys Who Kiss Boys (Part 57)  
> 95\. Scars (Part 79)  
> 96\. Tummy Aches and Heart Aches (Part 66)  
> 97\. Gut Punch (Part 80)
> 
> Welcome to any new readers who have stumbled into this universe. The more the merrier.
> 
> Arrow and its characters do not belong to me.

>

Artwork by Lademonessa

 

The small hairs on the back of Tommy’s neck stood on end. He looked up from the stroller and scanned the park. Someone was watching them. He could feel it. With one hand on the stroller, he pivoted to look behind him. In the tree line, he spotted a middle-aged man with a comb over and dressed in a cheap suit. He had a camera with a telephoto lens around his neck and he was staring at Tommy and Bobby. Tommy didn’t recognize him as one of the usual paparazzo that followed the family. Something about him didn’t feel right. He lifted his cell and took a picture of the man. Usually, photographing someone who was rudely watching them was enough to make them scurry – not this time. The man picked up his camera and took a photo in response. Tommy took a few more photos and forwarded them to his wife with a request for her to run the man through her facial recognition software.

Moments later his phone rang, “Hey, Ollie.”

“What’s going on?” Oliver asked.

“There’s this guy – he’s been watching us – taking pictures. I don’t think he’s with the press,” Tommy told his husband.

“Are there people around?” Oliver’s voice was calm.

“Yeah, the playground is busy,” Tommy confirmed. “There’s a patrolman at the gate.”

“Dig and Rob are on their way. Rob’s going to escort you home. Dig’s going to have a conversation with the guy if he’s still there. Okay?”

“Okay,” Tommy said as he put the stroller back into motion. He couldn’t decide if he wanted his back to the man or if he wanted to keep an eye on him. He decided to find a bench with a view of the creeper. “Ollie, who do you think he is? Do you think my dad sent him?”

“If Malcolm sends someone, we’ll never see him,” Oliver said plainly.

Tommy didn’t take any comfort from Oliver’s response.

****

**_Three Weeks Later_ **

The doorbell ringing caused Tommy to wince. Bobby had finally fallen to sleep and Tommy was ready for two hours to himself. He rose from the rocking chair and carefully placed Bobby into his crib. He ran down the stairs two at a time to reach the front door before the doorbell could ring again. He flung the door open and a little breathlessly said, “Hi.”

A severe looking woman in her fifties glanced at Tommy’s face and then back at an open folder in her hands, “Thomas Edward Merlyn?”

Tommy sighed and held out his hand with his palm up, “It’s been awhile since I’ve been sued. I wonder what it is today.”

The woman furrowed her brow, “Excuse me?”

Tommy dropped his hand, “You’re not a process server?”

“No,” the woman pushed her glasses up the bridge of her nose, “my name is Alice Daly. I’m with Starling City’s Department of Children and Family Services.”

The smile fell from Tommy’s face, “What can I do for you, Ms. Daly?”

Ms. Daly held out a folded piece of paper, “This is a court order that permits me entry into your home and requires that you, Oliver Queen and Felicity Smoak meet with me and answer my questions. You are also required to allow my department to conduct a home study.”

Tommy took the document, “I don’t understand.”

“There’s been a complaint of child endangerment filed with our department and we are obligated to investigate.” She pointed to the interior of the house, “Mr. Merlyn, you have to let me in.”

Tommy stepped back and permitted the woman entry into their home, “I’m calling our lawyer before I agree to anything.” He opened their living room door, “Please take a seat.”

He pulled his cell from his pocket and immediately called Jean Loring’s office. He was told to expect the head of the law firm’s family law division within fifteen minutes and to not say anything beyond pleasantries to Ms. Daly.

“Our lawyer is on her way,” Tommy informed Ms. Daly. “May I get you something? Coffee, Tea, Water?”

“No, thank you,” Alice replied.

Tommy excused himself again and closed the door to the living room. He closed himself in Felicity’s first floor office and dialed his husband. When it went to voicemail, he texted, 911. His phone rang almost immediately.

“What’s wrong?” Oliver asked tensely.

“Someone is here from DCFS with a court order. Someone filed a complaint of child endangerment.”

“Did you call the lawyers?”

“Of course, I called the lawyers. Rachel is on her way,” Tommy said with mounting panic. This was the very situation Felicity had feared and they’d assured her would never happen.

“Have you called Felicity?”

Tommy laughed nervously, “How can I tell her someone is here to take our baby?”

“No one is taking Bobby from us. Not today, not ever,” Oliver said with certainty. “Do you understand?”

“Yes,” Tommy felt instantly better. No one would ever take their child. Oliver would never allow it.

“I’m going to get Felicity and come home as quickly as I can. Tommy, everything is going to be fine, I promise,” Oliver said with conviction.

Tommy returned to the living room to find Ms. Daly looking at photographs on top of the piano. She smiled at him, “You all look very happy in these photos.”

Tommy was afraid to answer. He was unsure if comments about their apparent happiness in photographs would be considered a pleasantry.

“Relax, Mr. Merlyn,” she picked up a photo from their wedding day, “I’m only interested in confirming that Robert John is in a safe environment.”

“You’ll forgive me if I don’t relax,” Tommy responded.

“Ms. Smoak is very beautiful in this photo. It looks like a wedding.” She looked at his hands, “I noticed earlier that you wear a wedding ring. I also noticed the ketubah in your entryway. Do the three of you consider yourselves married?”

Tommy resisted the urge to shove his hands into his pockets, “I’m going to wait for my lawyer.”

The doorbell rang and Tommy excused himself. He opened his door to find Rachel Lavin, one of the partners in Jean Loring’s law firm, smiling at him. “Thank you for coming, Rachel.”

“You pay me a lot of money to be here,” she said with a tight smile. “Where is the court order?”

Tommy pulled the order from his back pocket and handed it to Rachel.

“Where is she?” Rachel asked.

“In the living room.”

“Where are Oliver and Felicity?”

“On their way.”

“I’m going to go in and speak with her. I’ll let you know when we’re ready for you.” Rachel squeezed his arm, “It’s going to be all right.”

Tommy texted Oliver to let him know their lawyer had arrived and was in with the social worker. On wobbly legs, he climbed the stairs and returned to the nursery. Bobby had rolled over and was asleep on his back, his hands clutched in fists beside his head. His lips were pursed and he was making sucking motions. Tommy ran his finger along his son’s smooth cheek. Bobby’s long dark curls were slightly damp and stuck to his forehead. He was teething and had been running a low-grade fever all day. Hot, fat tears fell from Tommy’s eyes and landed on Bobby’s shirt. He wiped his eyes with the back of his hand. There was no way he was letting anyone take his baby. They had more than enough money to disappear, if they needed to. He gently lifted Bobby from the crib and returned to the rocking chair. He hummed softly to his son as he waited for his husband and wife to return home.

The front door opened and closed. Tommy strained to hear what was happening downstairs. He carried Bobby to the head of the stairs to find Felicity climbing up them with fear written all over her face.

“Where’s Ollie?” Tommy asked as they returned to the nursery.

Felicity held out her arms and Tommy placed their son in them. She nuzzled Bobby and kissed his forehead, “He’s in with Rachel and the social worker. He told me to wait upstairs.” Felicity sat in the rocker with Bobby, “He feels warm. Has he been fussy?”

“He was fussy earlier. I gave him some baby Tylenol before he fell asleep. His fever should come down soon,” Tommy said as he paced the length of the nursery. He had a nervous energy coiled tight in his chest and he feared it might explode. He was furious that someone would file a complaint about them and their ability to care for their son. Bobby was in a safe environment and was loved by all three of his parents. The sound of people on the stairs, froze Tommy in place. The look of fear on Felicity’s face set him into motion. Tommy stood protectively in front of Felicity and Bobby. She took hold of his hand and they held on to each other for strength.

Oliver’s broad shoulders filled the doorway. He lifted a hand and gestured for them to be at ease. He smiled tightly, “Ms. Daly would like to see Bobby and his nursery.”

“He’s asleep,” Tommy said roughly.

Ms. Daly smiled kindly, “I won’t wake him.”

Tommy stepped aside and revealed Felicity and Bobby in the rocking chair. Ms. Daly stepped into the room and approached the rocker. She knelt in front of Felicity and looked at Bobby, “He’s beautiful.”

“Thank you,” Felicity said softly, “we think so too.”

“Was he born with a full head of hair?” Ms. Daly asked.

Felicity chuckled, “I thought the old wives’ tale that said bad heartburn was a sign you were having a baby with a full head of hair was just that, a tale. He needed a haircut the day he was born. We haven’t cut it though. I love all of his curls.”

Tommy’s arms folded across his chest. Bobby’s hair was getting long and he was frequently mistaken for a girl, but none of them cared. They all loved his silky curly locks. DCFS couldn’t take their baby because some arbitrary societal standard dictated that he needed a haircut. Every instinct in his body was telling him to grab Bobby and to run.

“The nursery is beautiful,” Ms. Daly said as she rose to her feet. “Did you design it, Ms. Smoak?”

Felicity shook her head, “Tommy and Oliver did. They surprised me with it when we came home from the hospital.”

Tommy looked around the nursery to see it how a stranger would. One wall was covered with a mural of sunlight filtering through the trees found in the forests surrounding Starling. The other walls had forest animals decorating them. A brown bear appeared to be looking at the top of the changing table. Rabbits and squirrels ran along the floor boards. A tortoise gazed upon the bookshelf and two ten-point deer stood guard on either side of the crib. Birds took flight around the room and large spotted owl appeared to be sitting on the edge of the dresser. The mobile hanging over the crib had plush versions of the animals on the walls. The furniture was a dark cherry and the area rug, curtains and bedding were all green. Tommy loved how the room turned out and thought they might not need to redecorate until Bobby was in elementary school.

“Do you think he’ll stay asleep if you put him in his crib?” Ms. Daly asked. “I’d like to speak with all of you downstairs.”

Felicity looked to Tommy and Oliver. Tommy didn’t want Bobby to be out of their sight. He knew the fear was irrational, but he didn’t want to leave his son unattended. Oliver recognized Tommy’s hesitancy and he lifted Bobby from Felicity’s arm. He placed a kiss to his son’s forehead, before lowering him into his crib. Oliver turned on the baby monitor and turned to face the room. He gestured towards the door, “Shall we?”

Oliver led them into the living room. Tommy, Felicity and Oliver sat on the sofa and Rachel and Ms. Daly each took an armchair. Ms. Daly removed a notebook and a pen from her bag, “This type of questioning is routine when we receive a tip that there might be abuse, endangerment, or neglect.”

“May we ask who filed the complaint?” Oliver asked neutrally.

“The complaint was anonymous,” Ms. Daly informed them.

“So, anyone can call in and file an unsubstantiated complaint and we’re suddenly the subjects of an investigation?” Tommy asked angrily. “If you hadn’t noticed, we’re kind of famous and hear from a lot of crackpots.”

“We’re obligated to investigate every complaint. The safety of the children in this city is our priority,” Ms. Daly stated calmly.

“I appreciate that, we all do,” Tommy took hold of Felicity’s hand, “but, are we going to be subjected to this kind of scrutiny every time some rightwing evangelist sees Ollie or Felicity on Market Watch and decides we are deviants?”

“Mr. Merlyn, we screen out people who don’t have any direct knowledge of your family. We only investigate if the observations are first-hand,” she informed them. Ms. Daly glanced at her notebook, “All three of you are listed on Bobby’s birth certificate. Ms. Smoak, did you act as a surrogate for Mr. Queen and Mr. Merlyn?”

“A surrogate?” Felicity asked with confusion.

“Ms. Smoak is Bobby’s mother and Mr. Queen and Mr. Merlyn are his fathers. The statute to permit three parents on a birth certificate wasn’t limited to surrogacy,” Rachel answered.

“Are the three of you romantically involved?” the social worker asked glancing up from her notebook.

Rachel held up a hand to her clients, “Oliver, Tommy and Felicity are in a committed relationship.”

“Do you all share a bedroom?” Ms. Daly asked.

“How are my clients’ sleeping arrangements relevant?”

“I’m ascertaining what behaviors Bobby is being exposed to,” Ms. Daly explained to their lawyer.

“My clients share a room. Next question.”

“Where does Bobby sleep at night?”

“In his crib,” Felicity answered.

“All night? Every night?”

“No,” Felicity glanced to their lawyer, “sometimes, I bring him into our bed so I can nurse.”

“Are you naked when Bobby is in bed with you?” Ms. Daly asked dispassionately.

“No,” Oliver said sharply.

“Have you ever had sex while Bobby was in the bed with you?”

“No,” Oliver answered again.

“How frequently do you take Bobby to the playground at Promenade Park, Mr. Merlyn?”

“At least three days a week, but it depends on the weather. Sometimes we don’t go at all, other times we go every day.”

“Do you go to the park to solicit prostitutes?” Ms. Daly asked Tommy.

“What?” Tommy, Oliver and Felicity asked together.

The social worker reached into her bag and withdrew a folder. She laid out a dozen photographs on the coffee table. She tapped one of the images, “Do you recognize this man?”

“Greg? He’s sometimes at the park with his daughter when Bobby and I are there,” Tommy answered.

“His name is Terry Thwait and he is a male escort. He doesn’t have a daughter,” she informed him.

“He told me his name is Greg. He is a stay at home dad to his three-year-old daughter, Maddie. I’ve met her. His wife is a podiatrist. Who makes up having a podiatrist for a wife?”

Ms. Daly picked up another photo, “Do you recognize this woman.”

“Yes,” Tommy said quietly. “Her name is Alexis and she has a two-year-old named Jack. She works part-time as an engineer for Kord Industries. She’s divorced.”

“Her name is Alice Lombard. She doesn’t have any children. She also works as an escort.”

“We talk about baby food recipes,” Tommy said as he felt the room closing in on him. Someone was setting him up.

Rachel gathered the photographs, “Are you going to tell us that every person sitting with Mr. Merlyn in these photos is a prostitute?”

“Not every person. We’ve identified six people, four women, two men, who are known escorts,” Ms. Daly said. “He’s spoken to all of them more than once.”

“All six of them have provided sworn depositions that they’ve had sex with you while your son was present in the room, Mr. Merlyn. Mr. Thwait and Ms. Lombard have said that they’ve had sex with you together, in this house. They also claim they’ve witnessed you use cocaine in front of your son.”

“That’s a lie,” Tommy said coldly. “In the past seven years, I’ve had sex with exactly two people – Oliver and Felicity. I don’t do drugs. These people are lying to you.”

“Do you have a birthmark on the inside of your right thigh?”

“Don’t answer that,” Rachel said.

“Have you ever taken an illicit substance, Mr. Merlyn?”

Tommy felt sick. It had been more than a decade since he’d used cocaine. Even though recreational marijuana was legal, he hadn’t used since he found out Felicity was pregnant and before that his use had been infrequent. The insinuation that he would have sex with prostitutes, let alone in front of his son, was laughable. The accusation of drug use, while untrue, was more plausible if people remembered the tabloid stories about him the third year after the Gambit sank.

“Don’t answer that,” Rachel instructed again.

“He doesn’t need to answer, but we plan on asking for a physical exam and a blood and urine test to corroborate the testimony of our witnesses,” Ms. Daly said calmly.

“This is insane,” Tommy said rising to his feet.

“When did these liaisons allegedly take place?” Oliver’s calm demeanor belied the anger that Tommy could see in the set of his husband’s shoulders.

Ms. Daly checked her notes, “The last was one week ago Tuesday.”

“Where?” Oliver asked tightly.

Ms. Daly searched her notes again, “According to the witnesses, they met here, but on other occasions they met in apartments belonging to the escort service.”

“Do you have photographs of any of these people coming into our home? How about Tommy going into theirs?” Oliver gestured to the pictures Rachel was holding. “You’ve clearly been following him.”

“Mr. Merlyn managed to give our photographer the slip,” she said.

“Every time?” Oliver scoffed, “A man with a baby and a giant stroller was able to evade a professional investigator?”

Felicity squeezed Oliver’s thigh, “I’m sorry, but these people are lying. I don’t know why they’re lying but they are. They are working with outdated intelligence on Tommy’s body. Tommy did have a birthmark on his inner thigh, until three years ago. Oliver was convinced it was changing shape and color and Tommy had it removed to stop Oliver’s nagging. There isn’t even a scar.”

Tommy’s had landed on his belt buckle, “I’m happy to show you now.”

“Tommy,” Rachel cautioned.

“Are you willing to provide your medical records and to submit to a physical examination?”

“Do I have a choice?” he asked his attorney.

“We will go to a judge and request a court order,” Ms. Daly informed them.

Tommy looked to Rachel who nodded. She addressed the social worker, “My client will cooperate fully to disprove these baseless accusations.”

Ms. Daly rose to her feet and said to Rachel, “Call my office and we’ll provide you with a list of approved doctors for the exam.”

“I’ll show you out,” Rachel gestured towards the living room doors.

As soon as the living room doors closed behind Rachel and Ms. Daly, Oliver began to fire off rapid instructions to Felicity, “We need to know everything that is in her file. I need the names of these alleged witnesses and I need to know where they keep their money and if they’ve received any recent payments. See if you can trace the anonymous tip. Did it come in through a phone call or email?”

A knock rapped on the door before Rachel opened the door and returned to the room. She pointed at Tommy, “I need a list of everyone who knows about that birthmark.”

Tommy raised his eyebrows, “Rachel, it’s a long list.”

Their lawyer sighed, “Okay, I need to know everyone who knows about the birthmark and has a grudge against you.”

Tommy wrinkled his nose, “That’s not going to help the list get shorter.”

“Someone is going through a lot of trouble to set you up. They’ve hired six high-end escorts to perjure themselves.” Rachel looked at him sympathetically, “Who dislikes you enough to want to see you lose custody of your son?”

“Does it have to be someone who knows us? Couldn’t it be one of those bigoted groups that bash us on television?” Felicity wrapped her arms around Tommy. “They might’ve just picked Tommy to target because he’s home alone with Bobby all day.”

“That’s a possibility,” Rachel grabbed her purse. “I’m going to get our in-house investigators working on this. We need this to be completely discredited. Oliver, you might want to get ahead of this with your PR team. If the media gets a hold of this, the circus will be pitching its tent right outside your front door.”

“They’ll be our next call,” Oliver told Rachel. He extended his hand, “Thank you for coming so quickly.”

“Thank you,” Tommy shook Rachel’s hand.

“I’ll show myself out,” Rachel said. “I’ll be in touch.”

“Tommy,” Oliver said cautiously.

“I need to go for a run,” Tommy said. He felt like he was going to crawl out of his skin.

“I’ll come with you,” Oliver told him. “You’ll be okay on your own?” he asked Felicity.

“I’ll get to work pulling the files from DCFS and see if I can find a money trail on our witnesses,” she said in her Overwatch voice.

“Tell Dig and Roy we’re hitting the streets tonight,” Oliver said as he led Tommy from the living room.

 

Tommy rocked Bobby as he sang to him. His son had awoken with a wet diaper and was resisting going back to sleep. Tommy was certain the new teeth Bobby was cutting was the reason for his son’s restlessness. Tommy held a cold teething ring and Bobby gnawed on it. Tommy wiped the steady stream of drool escaping from Bobby’s mouth as he tried not to dwell on the fact that there was someone out to get him. Someone that hated him enough to try and have his son taken from him.

A shadow fell across the nursery floor, “I didn’t hear you come in.”

“We didn’t want to wake Bobby,” Oliver kissed their son’s forehead and then Tommy’s.

“He’s been fussing all night,” Tommy suddenly felt exhausted.

“It’s hard work getting new teeth,” Oliver cooed. “Isn’t that right, little man?”

“I’m worried he’s going to get dehydrated with all of this drool,” Tommy attempted to lighten the mood. He pointed to Bobby’s changing table for Oliver to pass him a fresh cloth.

Oliver retrieved the cloth and wiped Bobby’s face. He took the dirty cloth from Tommy and placed it in the hamper. “We found something,” Oliver said.

“You know who set me up?” Tommy wasn’t too surprised with how quickly his husband and wife worked, but it was still impressive.

“We do. Once he falls asleep, come downstairs. Felicity and I will be in the kitchen.” Oliver kissed his son and husband again and left the room.

“Daddy doesn’t look happy,” Tommy said to Bobby. “What do you think your dada did to cause this trouble?”

Bobby blinked his blue eyes at Tommy and continued to gnaw on his teething ring.

 

Twenty minutes later he found Oliver and Felicity sitting at the kitchen table with a bottle of whiskey between them. Every line of their bodies was drawn tight with tension. Whatever they had found out, neither wanted to tell him. “Just say it,” he encouraged.

“Come sit down,” Felicity pushed a full shot glass in front of the empty chair between her and Oliver.

“No,” he folded his arms across his chest. There was only one person who could make Oliver and Felicity look both sad and furious. “It was my dad,” he said with resignation.

“Yes,” Oliver answered. “I’m sorry.”

“Don’t, apologize for him,” Tommy hissed. “Do you know where he is?”

“No,” Felicity responded. “We were able to trace the money to one of the off-shore accounts he uses. The payments were all under the threshold I set – it didn’t trigger any alarms.”

“We spoke to all six witnesses tonight. They all told the same story. A man approached them with a file about you. There was information about identifying features on your body and details of our home, including the nursery and our bedroom. All of it was accurate, except for the birthmark,” Oliver said apologetically.

“I’m surprised dear old dad remembered something so insignificant,” Tommy wrapped his arms around himself tighter to keep himself from shaking with rage. “I guess I should be grateful he did.”

“Tommy,” Oliver slowly rose from his chair.

“What was his endgame? Have me go to jail for child endangerment? Have Bobby end up in foster care? Have the two of you raise him without me?” Tommy began to shake. “Does he think the courts will give him custody?”

“He had to know we’d be able to clear you,” Felicity said. “The trail was almost too easy and he chose the birthmark you had removed three years ago as one of your identifiable features? Why not the one on your lower back or the one on your hip?”

“This was a threat,” Tommy began to see his dad’s plan unfurl. He took the shot from the table and swallowed it down. The burn of the alcohol in his throat and chest did nothing to assuage his rage. “He wants me to know that I’m easily gotten rid of. Whenever he wants me off the board, he can just snap his fingers and I’m gone.” He picked up the bottle of whiskey and poured himself another drink. He was so tired of being a pawn in a game he never wanted to play in the first place. Anger coursed through his veins and he wanted to smash everything around him. He lifted the bottle of booze and took a step away from the table.

“Don’t, Tommy,” Felicity said firmly as she pointed at the bottle.

“Let go,” Oliver encouraged as he wrapped his hand around Tommy’s.

Tommy released the bottle, but shook his head when Oliver tried to comfort him. He had enough anger in him to tear their house down brick by brick. He wished his dad was there so he could take out all his anger on him.

Oliver shoved Tommy’s shoulder hard, “Let it out. It’s going to eat you alive if you don’t.” He shoved Tommy again.

“Don’t,” Tommy held out a hand in caution.

“Your father is trying to have our son taken away.” Oliver pointed at Felicity, “You promised our wife that no one would take our child. She gave birth to our son because of that promise. Are you really going to break that promise because of your son-of-a-bitch father?” Oliver sneered and pushed Tommy hard.

Tommy knew that Oliver was baiting him, but his rage wanted out. He shoved Oliver back, “Stop it.”

“Is that all you have? Is that how you’re going to protect our son?” Oliver taunted. “You should give up now and just hand Bobby over.”

Tommy shoved Oliver again, but his husband was like a mountain and didn’t yield. “Damn you, push back,” he shouted at Oliver.

Oliver held up his hands, like he did when he trained his husband in boxing, “Hit me.”

Tommy threw a right hook and it landed in the center of Oliver’s left hand. He alternated his blows until his rage was replaced with overwhelming despair. He was helpless in the face of his dad’s machinations. He would never be able to keep his family safe. Even though he was thirty-six, Tommy’s dad still had the ability to make him feel like he was still eleven – afraid, powerless and alone. Tears streamed down his face as he continued to throw punches, but they’d lost their energy. His shoulders began to be racked with sobs and his vision blurred, but he continued to throw his punches. Oliver’s hand closed around Tommy’s fist and he drew his husband into his arms. “It’s okay,” Oliver whispered, “I’ve got you.”

Tommy’s knees buckled and he sank to the floor in Oliver’s arms, “Why can’t he just leave me alone?”

“It doesn’t matter,” Oliver said firmly. “We’re going to beat him and he’ll never get his hands on our son. Felicity sent all the evidence clearing you to Rachel and she’s going to take care of DCFS.”

Tommy wished Oliver’s words were true. If his father wanted Bobby, nothing, short of death, would ever keep Malcolm away.

**Author's Note:**

> Thank you for reading. Kudos and comments are always welcomed and appreciated. Hearing from you is my favorite part of the day.
> 
> I apologize for being late with my posting. It has been a long week and the job that pays the bills required lots of extra hours that cut into my writing and editing time.
> 
> Prompt requests are encouraged.
> 
> You can also come say hi to me on tumblr. http://realityisoverrated-fic.tumblr.com


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